Wagoner et al v. State Industrial Products Corporation

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Gary L Wagoner, et al.,
Plaintiffs,
v.
State Industrial Products Corporation,
Defendant.
No. CV-25-01763-PHX-JJT
ORDER
At issue is pro se Plaintiff Dr. Gary L. Wagoner’s Motion for Relief from Judgment
under Federal Rule of Civil Procedure 60(b)(4) and (b)(6) (Doc. 31), as modified by his
Notice of Errata (Doc. 32). Plaintiff Wagoner, who also represented Plaintiff Catalina
Seaward Trust, requests that the Trust be relieved from the Court’s granting of judgment
on the pleadings against Plaintiff Wagoner and the Trust (“Judgment”) (Doc. 27).
The sole basis for the Motion is that Plaintiff Wagoner improperly represented the
Trust as a pro se litigant, which he argues voids the Judgment or presents extraordinary
circumstances justifying relief under Rule 60(b). He requests the Court to “sever and
dismiss the Trust claims without prejudice,” and “grant leave for Wagoner to amend
individual claims pro se.” (Doc. 31 at 5; Doc. 32-1 at 5.) Notably, the Trust and Plaintiff
Wagoner brought the exact same claims arising from the same facts (see Doc. 1-1). Plaintiff
Wagoner had an opportunity to, and did, litigate his own claims in a pro se capacity. He
does not present any independent basis for relief from the Judgment as to him individually,
making it inappropriate to grant him leave to amend his claims.
Case 2:25-cv-01763-JJT Document 33 Filed 01/20/26 Page 1 of 3

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It is true that a pro se litigant cannot represent others, such as a trust entity. C.E.
Pope Equity Tr. v. United States, 818 F.2d 696, 697 (9th Cir. 1987); Alpha Land Co. v.
Little, 238 F.R.D. 497, 502 (E.D. Cal. 2006). Despite bringing the improper representation
to the Court’s attention, Plaintiff Wagoner continues to act for the Trust by presently
moving for relief on its behalf. Accordingly, the Court denies Plaintiff Wagoner’s Motion
but will permit the Trust to file its own motion for such relief. The Court separately notes
that there is a pending Motion for Attorneys’ Fees (Doc. 28) against both Plaintiffs. No
later than fourteen (14) days from the date of this Order, the Trust shall obtain counsel who
shall enter a proper notice of appearance in this matter. Should no counsel enter a notice of
appearance for the Trust, the Trust shall be dismissed as an impermissible party to this
action. If counsel enters an appearance within the time prescribed, the Trust—through its
counsel—may file a motion for relief from judgment and a responsive brief to the Motion
for Attorney’s Fees no later than thirty (30) days from the date of this Order. This Order
has no effect upon the briefing deadlines imposed upon Plaintiff Wagoner as set forth in
the Court’s prior Order (Doc. 30).
IT IS ORDERED denying Plaintiffs’ Motion for Relief from Judgment under
Federal Rule of Civil Procedure 60(b)(4) and (b)(6) (Doc. 31).
IT IS FURTHER ORDERED that, no later than fourteen (14) days from the date
of this Order, Catalina Seaward Trust shall obtain counsel who shall enter a proper notice
of appearance in this matter. Should no counsel enter a notice of appearance for Catalina
Seaward Trust in the time prescribed, the Clerk of Court is directed to dismiss Catalina
Seaward Trust as an impermissible party to this action.
IT IS FURTHER ORDERED that, if counsel enters an appearance within the time
prescribed, Plaintiff Catalina Seaward Trust—through its counsel—may file a motion for
relief from judgment and a responsive brief to the Motion for Attorney’s Fees no later than
Case 2:25-cv-01763-JJT Document 33 Filed 01/20/26 Page 2 of 3

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thirty (30) days from the date of this Order. This Order has no effect upon the briefing
deadlines imposed upon Plaintiff Wagoner as set forth in the Court’s prior Order (Doc. 30).
Dated this 20th day of January, 2026.
Honorable John J. Tuchi
United States District Judge
Case 2:25-cv-01763-JJT Document 33 Filed 01/20/26 Page 3 of 3